“As generative artificial intelligence technologies revolutionize content creation and access to information, legal systems around the world face the complex challenge of applying copyright doctrines—such as Fair Use, exceptions, and limitations—to the training of AI models. This panel brings together leading professionals to examine the evolving legal landscape in the United States, Europe, and Latin America, focusing on how courts and legislators are addressing the use of copyrighted works in AI training.
The discussion will cover:
• United States: The panel will analyze recent federal court decisions that test the limits of the Fair Use doctrine in the context of AI. It will explore how the U.S. Supreme Court’s decision in Warhol v. Goldsmith has influenced interpretations of “transformative use” and market harm in AI cases, as well as the implications for AI developers and content creators.
• Europe: The session will review the European Union’s approach, which rejects a general fair use doctrine in favor of specific exceptions and limitations, such as text and data mining (TDM) exceptions under the Digital Single Market (DSM) Directive. The panel will discuss how these exceptions are being implemented across Member States, the impact of upcoming transparency and data governance requirements under the EU AI Act, and recent national court decisions (e.g., in Spain and Germany) interpreting the scope of permissible AI training.
• Latin America: The panel will highlight emerging legal trends in Latin America, where most jurisdictions follow a civil law tradition with closed lists of copyright exceptions. It will address how countries in the region are beginning to tackle AI training through legislative proposals, administrative guidelines, and early court cases. The panel will examine the region’s reliance on traditional copyright principles, the absence of broad fair use or TDM exceptions, and the resulting legal uncertainty for both local and international AI developers.”
The discussion will cover:
• United States: The panel will analyze recent federal court decisions that test the limits of the Fair Use doctrine in the context of AI. It will explore how the U.S. Supreme Court’s decision in Warhol v. Goldsmith has influenced interpretations of “transformative use” and market harm in AI cases, as well as the implications for AI developers and content creators.
• Europe: The session will review the European Union’s approach, which rejects a general fair use doctrine in favor of specific exceptions and limitations, such as text and data mining (TDM) exceptions under the Digital Single Market (DSM) Directive. The panel will discuss how these exceptions are being implemented across Member States, the impact of upcoming transparency and data governance requirements under the EU AI Act, and recent national court decisions (e.g., in Spain and Germany) interpreting the scope of permissible AI training.
• Latin America: The panel will highlight emerging legal trends in Latin America, where most jurisdictions follow a civil law tradition with closed lists of copyright exceptions. It will address how countries in the region are beginning to tackle AI training through legislative proposals, administrative guidelines, and early court cases. The panel will examine the region’s reliance on traditional copyright principles, the absence of broad fair use or TDM exceptions, and the resulting legal uncertainty for both local and international AI developers.”
